The main legal point established in the judgment is that smuggling of gold did not constitute a terrorist act under the UAP Act as per the interpretation of Section 15(1)(a)(iiia) of the Act.

ORDER

Mukta Gupta, J. - Aggrieved by the impugned order dated 10th May, 2021 in all the appeals and the order dated 27th November, 2021 in Crl.Appeal No.115/2022 declining to grant bail to the appellants in RC-32/2020/NIA/DLI dated 16th September, 2020 registered under Sections 16/18/20 of the Unlawful Activities (Prevention) Act, 1967 (in short 'the UAP Act') and under Sections 120B/204/409/471 IPC at NIA Headquarters, New Delhi, appellants prefer the present appeals.

2. Briefly the allegations of the prosecution against the appellants is that on 28th August, 2020 eight accused namely Ravikiran Balaso Gaikwad (A-1), Pawan Kumar Mohan Gaikwad (A-2), Sachin Appaso Hasabe (A-3), Yogesh Hanmant Rupnar (A-4), Abhijeet Nand Kumar Babar (A-5), Avadhut Arun Vibhute (A-6), Saddam Ramjan Patel (A-7) and Dileep Laxman Patil (A-8) i.e. the appellants herein except appellant Vaibhav Sampat More were intercepted by the Delhi Zonal Unit of the Directorate of Revenue Intelligence (DRI) while travelling from Assam, Guwahati to Delhi in Train No.02423 and it is alleged that 504 gold bars weighing 83.621 kilograms, which were smuggled were recovered from them at the New Delhi Railway Station. After the DRI carried out its investigation the abovenoted RC was registered by the National Investigation Agency (NIA) for alleged commission of criminal conspiracy, furthering terrorist activities and also threatening the economic security and damaging the monetary stability of India as provided under Section 15(1) (a) (iiia) of UAP Act being a terrorist act punishable under Section 16 of the UAP Act.

3. Learned Senior Counsels appearing on behalf of the appellants contend that appellants-Ravikiran Balaso Gaikwad (A-1) in Crl.Appeal Nos.185/2021, Pawan Kumar Mohan Gaikwad (A-2) in Crl.Appeal No.188/2021, Sachin Appaso Hasabe (A-3) in Crl.Appeal No.190/2021, Yogesh Hanmant Rupnar (A-4) in Crl.Appeal No.192/2021, Abhijeet Nand Kumar Babar (A-5) in Crl.Appeal No.191/2021, Avadhut Arun Vibhute (A-6) in Crl.Appeal No.189/2021, Saddam Ramjan Patel (A-7) in Crl.Appeal No.186/2021 and Dileep Laxman Patil (A-8) in Crl.Appeal No.187/2021, were arrested on 28th August, 2020 by DRI and though released on bail in the customs case, continue to be in custody because of the above-noted RC. It is stated that the appellant in Crl.Appeal No.187/2021 was released on bail immediately as the alleged recovery from him was gold worth less than Rs.50 lakhs, the offence being thus bailable however, was arrested in November, 2020 in the above-noted RC. The other accused were granted default bail by the learned Trial Court on 27th October, 2020 on the failure of the DRI to file the complaint within the stipulated period however, continue to be in custody having been arrested by the officers of the NIA in the above-noted RC. Learned counsels state that the charge-sheet in the above noted RC has been filed on 18th March, 2021 and thus no further investigation, much less, any custodial investigation is required to be carried out qua the appellants.

4. It is further contended on behalf of the appellants that even on merits the respondent has no evidence against the appellants except the purported statements under Section 108 of the Customs Act recorded by the Customs Officer which cannot be considered and are inadmissible in a trial under the UAP Act for which separate procedure for trial has been prescribed. There is no material on record to come to the conclusion that the gold bars allegedly possessed by the appellants were procured from outside the country. On the ipse dixit that there is an erasing of the mark no presumption can be raised that the gold was smuggled. Further even the smuggling of gold will not be attracted as a terrorist act as defined under Section 15(1) (a) (iiia) of the UAP Act firstly, on the count that the Customs Act is not a scheduled offence under the UAP Act and secondly, in the term smuggling or circulation of high-quality counterfeit Indian paper currency, co